Hi - my name is XXXXX XXXXX X'm a Family Law litigation attorney here to assist you.
In determining custody, the judge is required to do whatever is in the child's best interest. In deciding this, the judge must consider the character of the parents, any medical or mental issues the parents have, home environment, finances, criminal history, etc. If the mother is battling anxiety and depression, it is not likely that the judge would award her custody at least until she gets these things under control.
I would recommend that you file a motion for temporary custody until the divorce is final and the judge enters a final custody order.
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